Dorothy Ysabelle B.

Maypa
MARRIAGE
What is marriage?
- The legally or formally recognized union of a man and a woman (or, in some jurisdictions, two
people of the same sex) as partners in a relationship.
- Also called matrimony or wedlock
- Socially or ritually recognized union or legal contract between spouses that establishes rights
and obligations between them, between them and their children, and between them and their in-
laws.
- In some cultures, marriage is recommended or considered to be compulsory before pursuing
any sexual activity. When defined broadly, marriage is considered a cultural universal.
Marriage in the Philippines is defined as a special contract of permanent union between a
man and a woman entered into in accordance with law for the establishment of conjugal and
family life. It is the foundation of the family and an inviolable social institution whose nature,
consequences, and incidents are governed by law and not subject to stipulation EXCEPT that
Marriage Settlements may fix the property relations during the marriage within the limits
provided by the Family Code of the Philippines.
Requisites of Marriage (Chapter 1, Article 2 and 3 of the Family Code of the Philippines)
Essential Requisites
- Legal capacity to marry of the contracting parties
- Consent freely given by the contracting parties in the presence of a solemnizing officer
Formal Requisites
- Authority of the solemnizing officer
- Valid marriage license
- Marriage ceremony with both parties personally present, solemnized by an authorized
solemnizing officer in the presence of at least 2 witnesses of legal age
What is the effect on the marriage of the absence of any of the formal or essential
requisites?
• It will render the marriage void ab initio.
What is the effect on the marriage of a defect in any of the essential requisites?
• It will render the marriage voidable.
What is the effect on the marriage of an irregularity in the formal requisites?
• Marriage would still be valid but the party or parties responsible for said irregularity shall
be civilly, criminally and administratively liable.
Who are authorized to solemnize marriage in the Philippines? (Chapter 1, Article 7 of the
Family Code of the Philippines)

 A judge (incumbent not retired) within the jurisdiction of his court.

 Priest, rabbi, imam, or minister of any church or religious sect duly authorized by his
church and registered with the civil registrar general provided that at least one of the contracting
party belong to the solemnizing officer’s church or religious sect.
 A ship captain or airplane chief in cases of articulo mortis and the contracting parties are
either passenger or crew of the ship or plane during its voyage.
 A military commander (at least 2nd lieutenant) of a unit (battalion), where a chaplain is
assigned, in the absence of the latter, in cases of articulo mortis where the contracting parties,
civilian or military are within the zone of military operation.
 Any consul general, consul, vice-consul in cases where Filipino citizens abroad want to
contract marriage in accordance with the Philippine laws, shall assume the duties of the local
civil registrar and solemnizing officer.
 Mayors or Acting Mayors, in default thereof, the Vice Mayor or any highest ranking
member of the Sangguniang Bayan can solemnize marriage in pursuant to the Local
Government Code.

Void and Voidable Marriages (Chapter 3, Article 35-54 of the Family Code of the
Philippines)
A void marriage is a marriage which is unlawful or invalid under the laws of the jurisdiction
where it is entered. A void marriage is "one that is void and invalid from its beginning. It is as
though the marriage never existed and it requires no formality to terminate."
A voidable marriage (also called an avoidable marriage) is a marriage which can be canceled
at the option of one of the parties. The marriage is valid but is subject to cancellation if
contested in court by one of the parties to the marriage. The validity of a voidable marriage can
only be made by one of the parties to the marriage; thus, a voidable marriage cannot be
annulled after the death of one of the parties.

Grounds for Void Marriage

A marriage shall be void if:

 at the time of marriage either party was already lawfully married and the former spouse
was still living at the time of the marriage and such former marriage was then in force;
 a male person marries under eighteen (18) years of age or a female who is between
sixteen (16) and eighteen (18) years of age marries without a special marriage license;
 the parties are within the prohibited close family relationships; or
 the parties are not respectively male and female.
The children of a void marriage will only be considered legitimate if at the time of the
solemnization, the parties to the marriage reasonably believed that the marriage was valid and
this only applies if:

 the father of the child was domiciled in Malaysia at the time of marriage; and
 in so far as it affects inheritance of any property only to children born after March 1,
1982.

Grounds for Voidable Marriage

You can petition to the court for a decree of nullity to declare your marriage void on the following
grounds:

 the marriage has not been consummated due to the incapacity of either of you to
consummate it;
 the marriage has not been consummated owing to the wilful refusal of your spouse to
consummate it;
 either of you did not validly consent to it, whether in consequence of duress, mistake,
unsoundness of mind or otherwise;
 at the time of marriage, either of you, though capable of giving a valid consent, was a
mentally disordered person within the meaning of the Mental Disorders Ordinance 1952
of such a kind or to such an extent as to be unfit for marriage;
 at the time of the marriage, your spouse was suffering from venereal disease in a
communicable form;
 at the time of the marriage, your wife was pregnant by some person other than you.

If you are asking for a decree of nullity of marriage on the above grounds, you must prove to the
court that you were ignorant of these facts at the time of the marriage.

The court will not grant a decree of nullity if your spouse satisfied the court that:
 you, with knowledge that is was open to you to have the marriage avoided, gave your
spouse the impression that lead him or her reasonably to believe that you will not seek a
decree; and
 it would be unjust to your spouse to grant the decree.

Collusion does not prohibit the granting of a decree of nullity.

A decree of nullity granted on the ground that the marriage is voidable operates to annul the
marriage only after the date of the decree and the marriage shall, notwithstanding the decree,
be treated as if it had existed up to that time.

Similar to a divorce decree, a nullity decree becomes absolute only after a period, usually three
(3) months.
Only it becomes absolute, you are free to marry.

The children born of a voidable marriage which has been annulled will be and will remain
legitimate.